Attempted Assassination of the President.

correct, a further appropriation ought to be than the present. He therefore persisted in made to cover all the claims, even if it should his motion. amount to five millions of acres. The report made on the subject showed that the great mass of these claims were already satisfied, and he did not think we would be much troubled on the subject hereafter.

Mr. POINDEXTER hoped the Senate would not go into the consideration of the joint resolution; Case of R. Lawrence—Attempted Assassination he was fearful of three hours' speeches.

exists that Mr. POINDEXTER was in any way concerned, directly or indirectly, in the late attempted assassination of the President.

The report was read, and the question being on its adoption,

Mr. WEBSTER asked the yeas and nays; which were ordered, and are as follows:

[MARCH, 1835.

The members of the Legislature were servants and representatives of the people; he (Mr. M.) was likewise one. That they were disposed to guard with jealousy the honor of the State it was not his province to discuss or to question. He likewise felt it his duty to guard the honor of the State, and not less to guard YEAS.—Messrs. Bell, Bibb, Black, Buchanan, Cal- tion, imperiously required him to disregard the his own personal honor; both, in his concephoun, Clay, Clayton, Cuthbert, Ewing, Frelinghuy-resolutions; and, that point being settled in his sen, Goldsborough, Grundy, Hendricks, Hill, Kane, Kent, King of Alabama, King of Georgia, Knight, Leigh, Linn, Mangum, Moore, Morris, Naudain, Por ter, Preston, Robbins, Robinson, Ruggles, Shepley, Silsbee, Smith, Southard, Swift, Tallmadge, Tipton, Tomlinson, Tyler, Webster, White, Wright-42. NAYS.-None.

On motion of Mr. SMITH, the report and accompanying documents were ordered to be printed.

Expurgation of the Journal,

Mr. PRESTON moved to take up the resolution offered by Mr. BENTON for expunging from the journal of the Senate the resolution condemning the President; on which question the yeas and nays were ordered, and are as follows:

YEAS.-Messrs. Benton, Brown, Buchanan, Calhoun, Clay, Clayton, Cuthbert, Hill, Kane, King of Alabama, King of Georgia, McKean, Mangum, Moore, Preston, Robinson, Ruggles, Shepley, Tallmadge, White, Wright-21.

NAYS.-Messrs. Bibb, Black, Ewing, Goldsborough, Grundy, Hendricks, Kent, Knight, Leigh, Linn, Naudain, Poindexter, Porter, Prentiss, Robbins, Smith, Southard, Swift, Tipton, Tomlinson, Waggaman, Webster-22.

TUESDAY, March 3.

mind, he trusted no one who knew him could entertain a doubt as to his course on the subject.

Mr. FRELINGHUYSEN said he stood in the same

predicament as his friend from North Carolina, (Mr. MANGUM.) He had constitutional objections to complying. He believed the Senate had no power over the journal. It was a record of the acts of the Senate, guaranteed by the constitution, for the benefit of the minority. He would warn the majority who should be in those seats next session, to leave to him untouched the sacred privilege provided by the constitution for showing his successors how he had acted.

Mr. CALHOUN expressed his regret that the subject had been deferred to so late a period of the session. He believed it the most important subject that had been brought before Conto be heard. He thought they had the same gress; and a subject on which he had wished right to express their disapprobation as to flatter the Executive. When they had arrived to such a period as either they must flatter or be silent, they should equal the most degenerate days of the Roman Republic, when the horse of the Emperor was declared Consul.

Mr. KING, of Alabama, said he was surprised at the language of the Senator from South Carolia, (Mr. CALHOUN.) The gentleman spoke of an opportunity of discussing the subject. Did

Expunging Resolutions-North Carolina's In- he not remember the presentation of the in

structions to her Senators.

Mr. MANGUM asked leave to send to the Clerk's table certain resolutions adopted by the Legislature of North Carolina; and asked that the Senate would indulge him in having them read. He said it was not his purpose to detain the Senate by comment upon them. This was not the arena upon which to discuss and adjust any difficulties that had arisen, or that might arise, betwen his constituents and himself. He would not detain the Senate longer than to express the hope that the expunging resolutions would be taken up in the course of the day, and that he would be allowed to record his vote upon them.

In reference to the instructions, he would avail himself of the occasion barely to say that he should not conform to them. He should vote against the expunging resolution. The Legislature had no right to require him to become the instrument of his own personal degradation. He repelled the exercise of so vindictive a power; and when applied to himself, he repelled it with scorn and indignation.

structions from Alabama? It was great injustice to insinuate the discussion had been put off by the friends of the administration, when he (Mr. C.) had occupied the Senate most of the time with his report and bills, since the resolution was introduced. The honorable Sen. ator had spoken of flattering the Executive. Had not that Senator heaped upon the Presi dent with the utmost license his censures and invectives; and been listened to with far more attention than he had listened to those who spoke in his defence, believing he had acted honestly and with good intentions? Yet the Senator compared them to the degenerate times of the Roman Senate!

Mr. K. said he, for one, was not disposed to be branded as the supple tool of executive power. If the Senator makes such charges, be must except him from the number. Mr. K. said he would not endure it. There were certain disappointed aspirants to power who al ways viewed things through a gloomy medium, who were ever croaking over the imaginary ruins of our free institutions.

Expurgation of the Journal.

Mr. CLAYTON then moved to take up the resolution offered by Mr. BENTON, for expunging from the journal the condemnatory resolution, which motion was agreed to.

Mr. WHITE moved to amend the resolution by striking out the word "expunge," and inserting "rescind, reverse, and to make null and void."

[SENATE.

was adopted when our votes were taken and recorded by yeas and nays.

The constitution requires that "each House shall keep a journal of its proceedings, and that, at the desire of one-fifth of the members, the yeas and nays shall be taken upon any question." This constitution each member has solemnly sworn to support. When we speak of the journal of our proceedings, we speak of a book kept here, and under our own inspecMr. W. said he could not vote to obliterate tion, in which is faithfully recorded, under its and deface the journal of the Senate. He be- appropriate date, every transaction of the body. lieved it was the right of every Senator to have This book is the original, and all others are the votes stand, that the people might know only copies of it. Now, what is proposed by how they had voted. He wished the resolution the resolution? It is to expunge one of the so framed as to express his feelings on the sub-resolutions which we all admit were actually ject.

Mr. WEBSTER said he should vote against the amendment. He wished to bring the Senate to vote on the original resolution.

adopted, upon yeas and nays, on the 28th of March, 1834. Now, if we adopt this resolution, we solemnly order that our former resolution shall be erased, rubbed out, blotted, obliterated, or so cancelled that it cannot be read. Suppose this order carried into effect, and any man to read our record, or journal, under date of the 28th March, and he would have no knowledge that such a resolution as that complained of had

A discussion of considerable length and much excitement ensued, in which Messrs. BENTON, MOKEAN, KING of Georgia, BUCHANAN, MANGUM, CALHOUN, CUTHBERT, FRELINGHUYSEN, KING of Alabama, CLAY, and WEBSTER, participated.

Mr. BENTON Said he believed the word " expunge" was strictly parliamentary. He did not wish to obliterate the journal, but to make use of a phraseology which would strongly express that the resolution ought never to have been put into that journal. The word "re-ever existed. scind" was not strong enough; it admitted the lawfulness of the act at the time it was done. It was a convenient term when they merely wished to alter any thing that had been found inexpedient. It was a mere harmless word, expressing no marked disapprobation of the propriety of the resolution at the time it was adopted. Every Senator, said Mr. B., might vote to "rescind" the resolution, without altering his opinion in the least. They might say that President Jackson was the first Executive that had ever been condemned in this manner; therefore they would rescind the resolution. Such, and no more, was the force of the term "rescind."

66

Mr. MOORE said he did not rise to discuss this question at this moment. The very feeblo state of his health would not permit it, even if he were disposed. Yet the peculiar situation he occupied in connection with the subjectmatter, he hoped would be accepted as his apology for the very few moments he proposed to detain the Senate.

He said it was true, as had been intimated by the honorable Senator from South Carolina, (Mr. CALHOUN,) that the General Assembly of Alabama had sent him two sets of instructions: in the first he was instructed to resign his seat here, and in the second he was instructed to vote in favor of expunging the resolution adopted by the Senate, censuring the course the Executive pursued in relation to the public

Mr. WHITE said, in his opinion, the term expunge" referred to obliterating the journal, which he could never consent to have done. He wished the proceedings to stand as they had transpired, and go down unblemished to posterity. He thought the proposed amendment, which declared the resolution null and void, as much as said it never ought to have been in-treasure of the country. serted in the journal.

Mr. McKEAN, after some introductory remarks, suggested to Mr. WHITE to modify his amendment, so as to adopt the words used by one branch of the Pennsylvania Legislature in their resolution of instruction upon this subject, which would make the amendment more acceptable to him-the effective words were to repeal and reverse.

As these resolutions are contradictory in their character, and at variance with each other, he would have found no little difficulty in complying with both, although an advocate for the right of instruction. If he had complied with the first set of instructions, viz.: have forthwith resigned his seat, he of course could not have complied with the second set of instructions, viz. he could not have voted in favor of the Mr. WHITE said, in adopting the words as a expunging resolution, as instructed in the modification, the object of my amendment is to second. He therefore, after mature deliberaenable each Senator to express the opinion he tion, had come to the conclusion that, as rereally entertains of the resolution formerly garded the first, requiring his resignation, he passed by this body. To vote for the resolu- could not admit the right of the General Assemtion of the Senator from Missouri in its present bly to alter or change the constitutional tenure shape, I cannot. He proposes to "expunge" of his office, and he had made an appeal to the from our journals one of our resolutions, which sovereign people of the State, to whom the

SENATE.]

Expunging Resolution.

[МАВСИ, 1835.

members of the General Assembly and himself | thanks to the firmness of the Senate, the records were alike responsible.

Mr. KING, of Alabama, then moved to amend that part of the resolution proposed to be stricken out, by first striking out the words "ordered to be expunged from the journals." Mr. MOORE demanded the yeas and nays upon the question; which were ordered, and are as follows:

of this body do not change. No instructions from without, no dictates from principalities or powers, nothing-nothing-can be allowed to induce the Senate to falsify its own records, to disgrace its own proceedings, or violate the rights of its members. For one, sir, I feel that we have fully and completely accomplished all that could be desired in relation to this matter, The attempt to induce the Senate to expunge journal has failed, signally and effectualy failed. The record remains, neither blurred, blotted, nor disgraced.

YEAS.-Messrs. Bell, Benton, Bibb, Black, Buchanan, Clay, Clayton, Cuthbert, Ewing, Frelinghuy-its sen, Goldsborough, Grundy, Hendricks, Kane, Kent, King of Alabama, King of Georgia, Knight, Leigh, Linn, McKean, Mangum, Moore, Morris, Naudain, Prentiss, Preston, Robbins, Robinson, Silsbee, Smith, Southard, Swift, Tipton, Tomlinson, Tyler, Waggaman, Webster, White-39.

NAYS.-Messrs. Brown, Hill, Porter, Ruggles, Shepley, Tallmadge, Wright-7.

So the motion to strike out prevailed. Mr. WEBSTER said, the vote, the great vote, which the Senate has now given, has accomplished all that I have ever desired respecting this expunging resolution.

The resolution of the Senate of the 28th of March, which it has been proposed to expunge from the journals, asserted the proposition that the conduct of the President in relation to the public revenue had been unconstitutional. Now, this proposition might be true, or not; it was a matter on which gentlemen voted on both sides. It implies, doubtless, a power in the Senate to express an opinion on the conduct of the President, and there may always be some who deny or doubt that power. It would have been perfectly in order, at any subsequent time last session, or at any time this, to have brought forward resolutions declaring that the Senate has no such power. We must have met the resolutions, debated them, and voted on them. If they had passed, they would of course have stood in contradiction to the preceding resolutions; and all that could have been said is that the Senate had passed inconsistent resolutions. Propositions, it is possible, may be made hereafter, in contradiction to the principles of the resolution of March. These things must be expected, and must be met when they arrive. But that which made this resolution, which we have now amended, particularly offensive, was this: it proposed to expunge our journal. It called on us to violate, to obliterate, to erase, our own records. It was calculated to fix a particular stigma, a peculiar mark of reproach or disgrace, on the resolution of March last. It was designed to distinguish it, and reprobate it, in some special manner. Now, sir, all this, most happily, is completely defeated by the almost unanimous vote of the Senate which has just now been taken. The Senate has declared, in the most emphatic manner, that its journal shall not be tampered with. I rejoice most heartily, sir, in this decisive result. It is now settled, by authority not likely to be shaken, that our records are sacred. Men may change, opinions may change, power may change, but,

Now, sir, as to the principles involved in that resolution, I am willing to discuss them at any suitable time hereafter. At present there is no leisure for such discussion; and the Senate having now, by so large and decisive a vote, expunged whatever was offensive in the expunging resolution, and there being no time for further discussion, I shall conclude by a motion which I forewarn friends and foes that I shall not withdraw, which is, that the resolution be laid on the table.

Upon this motion, without further debate, the yeas and nays were taken, as follows:

YEAS.-Messrs. Bell, Bibb, Black, Calhoun, Clay, Clayton, Ewing, Frelinghuysen, Goldsborough, Kent, tiss, Preston, Robbins, Silsbee, Smith, Southard, Knight, Mangum, Naudain, Poindexter, Porter, PreSwift, Tipton, Tomlinson, Tyler, Waggaman, Web

ster-27.

NAYS.-Messrs. Benton, Brown, Buchanan, Cuthbert, Grundy, Hill, Kane, King of Alabama, King of Georgia, Leigh, Linn, McKean, Moore, Morris, Rob inson, Ruggles, Shepley, Tallmadge, White, Wright -20.

So the resolution was laid on the table.

[The instant this vote was taken and the resolution laid upon the table, Mr. BENTON rose to re-instate the word expunge, which he had yielded to friends; and gave notice that he should renew the resolution with that word in it, and never yield it again to friend or foe.]

Mr. BENTON submitted the following resolu tion, which he desired to stand for the second week of the next session:

Resolved, That the resolution adopted by the Senate on the 28th day of March, in the year 1884, in the following words, "Resolved, That the President, in the late executive proceedings in relation to the public revenue, has assumed upon himself authority and power not conferred by the constitution and laws, but in derogation of both," be, and the same hereby is, ordered to be expunged; because the said resolution is illegal and unjust, of evil example, inwithout specification, and was irregularly and uncon definite, and vague, expressing a criminal charga stitutionally adopted by the Senate, in subversion of the rights of defence which belong to an accused and impeachable officer; and at a time and under circumstances to endanger the political rights, and to injure the pecuniary interests of the people of the United States.

MARCH, 1835.]

Fortification Bill—Extra Appropriation.

[SENATE.

"Sec. 2. And be it further enacted, That the sum of three millions of dollars be, and the same is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to be expended, in whole or in part, under the direction of the President of the United States, for the military and naval service,

including fortifications and ordnance, and increase of dered necessary for the defence of the country prior the navy: Provided, such expenditures shall be rento the next meeting of Congress."

Mr. WEBSTER expressed his hope that the Senate would disagree at once to this amendment.

Mr. CALHOUN said that the amount of the appropriation asked for was extremely large, and, what was most extraordinary, it was to be made on the supposition that this country was to be involved in a war with France, and either without previous declaration, or with a declaration to be issued by the Executive, without first calling Congress together.

SENATORS: In calling upon me unexpectedly to preside over your deliberations, you have conferred upon me a testimonial of your respect and confidence, upon which I place the highest value. I accept it with gratitude, and shall fondly cherish its recollection. You are the representatives of sovereign States, deputed by them to uphold and maintain their rights and interests. Unlike the Roman Senate, so much vaunted of in ancient story, you owe your elevation to the high seats which you occupy, to no adventitious circumstance of birth or fortune, Mr. LEIGH could not forbear expressing the but to the ennobling traits of intellect and virtue. astonishment he felt at the course which the And what citizens of any one of these States can fail House of Representatives had thought proper to be proud of you? Who can reflect without high to pursue in regard to this appropriation. For satisfaction on the daily display of intellectual vigor his own part, he was free to confess that he constantly manifested in the debates which here oc- would as soon vote to give the Chief Magistrate cur? Party contests may divide and sever; those of this Republic unlimited power at once, as contests constitute the organic principle of free vote to place at his entire disposal and discreStates. You may, severally, in your turn, have be- tion such an enormous sum of money as was come the objects of attack and denunciation before contemplated by this amendment. He had not the public; but there is not, and cannot be, an American who does not turn his eyes to the Senate convert our free form of Government into an met with a single human being who wished to of the United States, as to the great conservative absolute monarchy, nor did he believe that any body of our federal system, and to this chamber as the ark in which the covenant is deposited. To have man in this country desired such a change. received, therefore, at your hands, this station, fur-Yet here was a proposition which went to nishes to me abundant cause for self-gratulation. This feeling is not diminished by the fact that but few hours now remain to this session, and that I shall be probably called upon to render but little active service in this place. Upon this circumstance, I congratulate both you and myself; for, although I have, for the greater portion of twenty years, been connected with legislative bodies, this is the first time I have ever been called upon to preside over the deliberations of any; and I have only sought so far to make myself acquainted with the rules of parliamentary proceeding, as to avoid any flagrant violation of them in my personal conduct. For the short period which will now elapse prior to your adjournment, I claim, and shall doubtless receive, at your hands, for the defects which I may exhibit, and the errors into which I may fall, a liberal indulgence.

On motion of Mr. KING, of Aabama, the Secretary of the Senate was directed to inform the President of the United States, and the House of Representatives, that the Senate had elected the honorable JOHN TYLER President pro tempore of the Senate.

Fortification Bill-Extra Appropriation. The Senate proceeded to consider the message from the House of Representatives, proposing to amend one of the Senate's amendments to the annual fortification appropriation bill, by adding thereto the following:

establish a military monarchy; it was, in fact, in the very form of a proposition of that sort. They might almost as well say that the President should be made Consul for life, or Emperor of the American people. It was, indeed, a most remarkable proposition, and one which he never expected to hear.

Mr. WRIGHT did not feel that great alarm which the Senator from Virginia appeared to feel. They all knew very well why the provision, so much complained of by some Senators, was inserted in the bill. It was because they liar crisis in our foreign relations, and it was too were about to adjourn when there was a peculate to have gone into the detail of legislation. For himself, he could say-whatever others might think-that he did not believe that a dollar of the money which was now proposed to be appropriated would be expended, though no one knew what might happen. They had been told by the gentleman from Massachusetts that this country was not to be brought into a war until Congress should have been first convened. Now, nothing as to that was implied in this proposition; it was merely putting in the power of the President, in any contingency that might happen, the means to secure the safety of the country until the assembling of Congress.

Mr. LINN said he should vote for this appro